Canberra Institute of Technology Amendment Act 2007 (ACT)

Canberra Institute of Technology Amendment Act 2007

A2007-32

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Section 30  2

5. Ending council member appointments

   
   

   Section 32  3

6. New part 9  4

7. Miscellaneous

   
   

   Part 9  4

8. Delegation by director

   
   

   Section 62  5

9. Sections 63 and 64  5

10. Dictionary, definition of chairperson  5

11. Dictionary, definition of deputy chairperson  5

12. Dictionary, new definition of reviewable decision  5

13. Further amendments, mentions of chairperson  5

Canberra Institute of Technology Amendment Act 2007

A2007-32

An Act to amend the Canberra Institute of Technology Act 1987

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Canberra Institute of Technology Amendment Act 2007.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Canberra Institute of Technology Act 1987.

4. Section 30

   substitute

5. Council members

   The council has 12 members.

6. Appointment of council members

   (1)The Minister may appoint the council members.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

   (2)The Minister must ensure that there is always––

   (a)1 member who represents an organisation that represents the teaching staff; and

   (b)1 member who represents the student body; and

   (c)7 members who represent the interests of industry and commerce; and

   (d)2 members, not representing the interests of industry or commerce, who have experience and knowledge relevant to the functions of the council; and

   (e)1 member who has skills in and knowledge of vocational education and training.

   (3)The Minister must not appoint the director as a member.

   (4)In deciding whether to appoint a person as a member, the Minister must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among the council members.

   (5)The Minister must not appoint a member for longer than 3 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

   (6)The conditions of appointment of a member are the conditions agreed between the Minister and the member subject to any determination under the Remuneration Tribunal Act 1995.

7. Appointment of chair and deputy chair

   (1)The Minister may appoint a council member as chair of the council and another member as deputy chair of the council.

   (2)However, the Minister must not appoint a member of staff as chair or deputy chair.

   (3)The Minister must try to ensure that the council always has a chair and a deputy chair.

8. Ending council member appointments
   Section 32

   renumber as section 33

9. New part 9

   insert

Part 9Review of decisions

1. Reviewable decisions

   Each of the following decisions of the director is a reviewable decision:

   (a)refusing to admit a person to a course of study or instruction of the institute or to an examination of the institute under section 19 (c);

   (b)refusing to confer an award (other than an honorary award) on a person under section 19 (d).

2. Review of decisions

   Application may be made to the AAT for review of a reviewable decision.

3. Notice of reviewable decisions

   (1)If the director makes a reviewable decision, the director must give written notice of the decision to each person affected by the decision.

   (2)The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

4. Miscellaneous
   Part 9

   renumber as part 10

5. Delegation by director
   Section 62

   renumber as section 64

6. Sections 63 and 64

   omit

7. Dictionary, definition of chairperson

   substitute

   chair means the chair of the council appointed under section 32.

8. Dictionary, definition of deputy chairperson

   substitute

   deputy chair means the deputy chair of the council appointed under section 32.

9. Dictionary, new definition of reviewable decision

   insert

   reviewable decision––see section 61.

10. Further amendments, mentions of chairperson

    omit

    chairperson

    substitute

    chair

    in

    ·     section 38

    ·     section 40

    ·     section 41

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 31 May 2007.

2. Notification

   Notified under the Legislation Act on 24 October 2007.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Canberra Institute of Technology Amendment Bill 2007, which was passed by the Legislative Assembly on 18 October 2007.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2007